What is a Criminal Complaint?

For certain lesser offenses, such as simple assault or misdemeanor harassment, the prosecution concerning a criminal complaint may be deferred or declined if the complainant agrees to resolve the matter privately. The prosecutor's discretion is heavily influenced by the victim’s agreement to a mutually accepted resolution of the criminal complaint. Although D.C. does not formally recognize "non-prosecution by agreement" as absolutely binding, the official withdrawal of a criminal complaint provides the prosecution with strong grounds to close the case.

In cases where the prosecution of the criminal complaint proceeds regardless, a good-faith settlement agreement can still be strategically submitted during formal plea negotiations or at the sentencing hearing. This executed agreement, particularly when it includes a release from civil liability and verifiable restitution payments, powerfully signals the defendant's commitment to rectifying the harm caused by the underlying actions detailed in the criminal complaint. Judges presiding over the D.C. Superior Court may subsequently weigh the documented settlement as a substantial mitigating factor.

If the alleged victim in the criminal complaint has secured and retained their own legal representation, all discussions concerning the potential settlement must occur exclusively through that attorney. Any attempt at direct contact by the defendant or their defense team can inadvertently violate court protective orders or established ethical rules, which could severely damage the defense's overall position in the case concerning the criminal complaint. Experienced criminal defense attorneys are adept at coordinating with opposing counsel to propose appropriate settlement terms.

When the defense team lacks direct contact information for the complainant in the criminal complaint, formal and ethical channels must be utilized to present a settlement offer and pursue a resolution. These methods ensure that the attempt to negotiate a resolution for the criminal complaint is officially documented and performed under proper supervision to maintain integrity:

• During the police phase, the defense can submit a formal offer to the investigating officer, who may then forward it to the complainant.
• At the prosecutorial stage, the defense may request victim outreach through the Assistant U.S. Attorney or the D.C. Superior Court’s Community Mediation Program.

To rigorously minimize legal ambiguity and prevent a victim from unilaterally withdrawing from the settlement after the funds have been transferred, the defense must adhere to strict documentation protocols. This professional approach ensures that the executed settlement holds up under any subsequent scrutiny, even if the victim later attempts to invalidate the resolution of the criminal complaint:

• Always use a formal written document signed by both parties involved in the criminal complaint matter.
• Include a strong waiver clause confirming the victim's full satisfaction and their intention not to pursue any further criminal or civil action based on the facts of the case.
• Retain detailed transaction receipts and ensure that all payments are easily traceable (e.g., via a "cashier’s check" or a "documented wire transfer").
• Ensure that the document explicitly states the purpose of the payment, such as "full and final restitution" for the alleged harm.

Attempting to negotiate or execute a settlement agreement without direct and experienced legal oversight may severely backfire on the defendant facing a criminal complaint. Any actions that could be perceived as pressuring, threatening, or intimidating the victim can unfortunately lead to additional, serious criminal charges, most notably witness tampering (D.C. Code §22–722). Hence, defendants should stringently avoid all direct outreach or financial offers unless these are processed legally and ethically through their counsel.

A properly structured settlement agreement is substantially more likely to persuade the prosecutor or the presiding judge and must contain all legally necessary elements to fully protect the defendant from future claims related to the criminal complaint. A satisfactory agreement should, at a minimum, clearly contain the following critical components:

• The full legal names of all parties and their respective legal counsel.
• Clear payment terms, specific amounts, and the official purpose of the payment.
• A confirmation of the victim's satisfaction and a binding release of all civil and criminal claims related to the incident.
• The date of execution and the signature of an independent witness to the signing.